Case: Cruz v. Alhambra School District

2:04-cv-01460 | U.S. District Court for the Central District of California

Filed Date: March 4, 2004

Clearinghouse coding complete

Case Summary

On March 4, 2004, parents, as next friends of their minor daughters, individually and on behalf of all those similarly situated, filed a lawsuit in the United States District Court for the Central District of California under state law and under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against Alhambra Unified School District (AUSD) and individual District Board members and employees and the City of Alhambra. Plaintiffs, represented by attor…

On March 4, 2004, parents, as next friends of their minor daughters, individually and on behalf of all those similarly situated, filed a lawsuit in the United States District Court for the Central District of California under state law and under 42 U.S.C. § 1983 and Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. against Alhambra Unified School District (AUSD) and individual District Board members and employees and the City of Alhambra. Plaintiffs, represented by attorneys from the California Women's Law Center and the Legal Aid Society--Employment Law Center, asked the court for declaratory and injunctive relief, claiming that AUSD had violated Title IX of the Education Amendment of 1972, 20 U.S.C. § 1681 by denying female student athletes' equal treatment and benefits in comparison with male student athletes.

Specifically, plaintiffs claimed that AUSD had discriminated against plaintiffs' daughters and all similarly situated in the funding of athletics; the granting of opportunities to participate in athletics; provision to teams of publicity and support; access to weight training facilities; the scheduling of games and practice times; the hiring of coaches; and the provision of locker rooms and facilities for both practice and competition. Plaintiffs' motion for class certification for injunctive relief was granted by the Court (District Judge Dickran Tevrizian) on October 4, 2004. On March 4, 2005, the Court (District Judge Dickran Tevrizian) deemed filed and served plaintiffs' only amended complaint, previously lodged with the Court on February 16, 2005.

On December 19, 2005, the Court (District Judge Dickran Tevrizian) preliminarily approved parties' settlement agreement that settled all claims, except that the court would retain exclusive and continuing jurisdiction over the City of Alhambra until they made a certain payment of money and over the District defendants until the end of the specified compliance period; the parties also agreed to submit the issue of attorneys' fees and costs to be awarded to the court for determination on the basis of briefs submitted. On January 31, 2006, the Court (District Judge Dickran Tevrizian) finally approved the settlements. On February 27, 2006, the Court (District Judge Dickran Tevrizian) awarded plaintiffs half of the attorneys' fees they requested. Plaintiffs filed a 59(e) motion for reconsideration and would eventually appeal the Court's determination of fees. On May 1, 2006, the Court (District Judge Dickran Tevrizian) dismissed the case, retaining continuing and exclusive jurisdiction to enforce the agreements' terms and the authority to make all orders necessary to enforce compliance with the agreements' terms.

On July 23, 2008, the Court of Appeals for the Ninth Circuit (District Judge Leighton, and Circuit Judges Prescott and Wardlaw) awarded plaintiffs' motion for attorneys' fees and costs on appeal, vacating and remanding to the District Court for the Central District of California plaintiffs' request for attorneys' fees incurred prior to the filing of the Rule 59(e) motion. On March 3, 2009, the District Court for the Central District of California (District Chief Judge Audrey B. Collins) awarded plaintiffs the full amount sought for attorneys' fees prior to the filing of the Rule 59(e) motion and for attorneys' fees on remand. On January 28, 2010, Appellate Commissioner Peter Shaw determined and granted appellants' attorneys' fees.

On August 3, 2012, the Court (Judge Audrey B. Collins) granted in part defendants' motion to terminate the Court's continuing jurisdiction, retaining jurisdiction over the section of the settlement requiring defendants to provide equal athletic participation opportunities to girls until that section was satisfied. On December 12, 2013, the Court (Judge Audrey B. Collins) determined that defendants had fulfilled all of their obligations under the settlement agreement, and dismissed the case with prejudice.

The settlement agreements provided for a grievance policy, Title IX training, and future monitoring of defendants, who agreed therein to create two new softball fields; dedicate new locker room facilities for female students; provide equal access to weight rooms and other facilities, as well as for desirable practice and game times; equitable funding and fund-raising opportunities; equitable publicity; and enhanced coaching.

The case was closed on December 12, 2013.

Summary Authors

Heather Turner (3/10/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7745826/parties/lauren-m-cruz-v-alhambra-school-district/


Judge(s)

Collins, Audrey B. (California)

Leighton, Ronald B. (Washington)

McMahon, James W (California)

Pregerson, Harry (California)

Tevrizian, Dickran M. Jr. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Barker, Vicky L. (California)

Center, Claudia B. (California)

Kristen, Elizabeth (California)

Shiu, Patricia A. (California)

Judge(s)

Collins, Audrey B. (California)

Leighton, Ronald B. (Washington)

McMahon, James W (California)

Pregerson, Harry (California)

Tevrizian, Dickran M. Jr. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Barker, Vicky L. (California)

Center, Claudia B. (California)

Kristen, Elizabeth (California)

Shiu, Patricia A. (California)

Solomon, Nancy M. (California)

Attorneys(s) for Defendant

Allen, John W. (California)

Barlow, Kimberly Hall (California)

Capizzi, Michael R (California)

Feffer, Elizabeth R. (California)

Gibeaut, Gary Robert (California)

Mahan-Lamb, Nancy Ann (California)

Montes, Joseph M. (California)

Potter, Harold W. (California)

Expert/Monitor/Master

Shaw, Theodore M. (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 13, 2011 Docket
1

Class Action Complaint for Injunctive and Declaratory Relief

March 4, 2004 Complaint
51

Order Granting Plaintiffs' Motion for Class Certification for Injunctive Relief

Oct. 4, 2004 Order/Opinion
150

Order Granting In Part Plaintiffs' Motion for Reasonable Attorneys' Fees and Costs

Feb. 27, 2006 Order/Opinion
149

Order Granting Plaintiffs' Motion for Award of Reasonable Attorneys' Fees and Costs

Feb. 27, 2006 Order/Opinion
171

Order of Dismissal with Continuing Jurisdiction

May 1, 2006 Order/Opinion
187

Memorandum [On Plaintiffs' Appeal of District Court's Award of Attorneys' Fees and Costs]

Cruz v. Alhambra

U. S. Court of Appeals for the Ninth Circuit

282 Fed.Appx. 578

July 7, 2008 Order/Opinion
194

Order [Granting Plaintiff-Appellants' Motion for Attorneys' Fees and Costs on Appeal]

U. S. Court of Appeals for the Ninth Circuit

July 23, 2008 Order/Opinion
205

Order Re: Attorney Fees and Costs

601 F.Supp.2d 1183

March 3, 2009 Order/Opinion
207

Order [Determining Amount of Plaintiff-Appellants' Attorneys' Fees and Costs]

U. S. Court of Appeals for the Ninth Circuit

Jan. 28, 2010 Order/Opinion

Resources

Title Description External URL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7745826/lauren-m-cruz-v-alhambra-school-district/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
2

CERTIFICATE of Interested Parties filed by Plaintiffs (jag, ) (Entered: 03/10/2004)

March 4, 2004 PACER

(TERMED)Fax Number

March 4, 2004 PACER

20-Day Summons Issued re Complaint - (Discovery) 1 as to Alhambra City of, Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jag, )

March 4, 2004 PACER

Summons Issued

March 4, 2004 PACER

FAX number for Attorney Claudia Center, Elizabeth Kristen, Patricia A Shiu is 415-864-8199. (jag, )

March 4, 2004 PACER

FAX number for Attorney Vicky L Barker, Nancy M Solomon is 213-637-9909. (jag, )

March 4, 2004 PACER
1

COMPLAINT against defendants (Filing fee $150.) filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera.(jag, ) (Entered: 03/10/2004)

March 4, 2004 PACER
3

STANDING ORDER WITH REGARD TO NEWLY ASSIGNED CASES. This action has been assigned to the calendar of Judge Dickran Tevrizian. The responsibility for the progress of litigation in the Federal Courts falls not only upon the attorneys in this action, but upon the Court as well. "To secure the just, speedy, and inexpensive determination of every action," Federal Rule of Civil Procedure 1, all counsel are hereby ordered to familiarize themselves with the Federal Rules of Civil Procedure, particularly Federal Rules of Civil Procedure 16, 26 and the Local Rules of the Central District of California by Judge Dickran Tevrizian, (See order for further details)(shb, ) (Entered: 03/10/2004)

March 5, 2004 PACER

(TERMED)Fax Number

March 31, 2004 PACER

FAX number for Attorney John W Allen is 310-410-2010. (jp, )

March 31, 2004 PACER
5

NOTICE of Interested Parties filed by Defendants Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jp, ) (Entered: 04/01/2004)

March 31, 2004 PACER
4

ANSWER to Complaint - (Discovery) 1 filed by defendants Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos.(jp, ) (Entered: 04/01/2004)

March 31, 2004 PACER
6

ORDER SETTING SCHEDULING CONFERENCE by Judge Dickran Tevrizian that this matter is set for a Scheduling Conference on 6/1/2004 10:00 AM before Honorable Dickran Tevrizian.(jp, ) (Entered: 04/02/2004)

April 1, 2004 PACER
16

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Ruth E Castro served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

April 8, 2004 PACER
15

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Barbara A Messina served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

April 8, 2004 PACER
14

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant John H Nunez served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

April 8, 2004 PACER
13

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant William A Vallejos served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

April 8, 2004 PACER
12

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant City of Alhambra served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Personal service, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

April 8, 2004 PACER
11

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Russell Lee-Sung served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

April 8, 2004 PACER
10

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Alhambra School District served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Personal service, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to accept service of process. Due Dilligence declaration not attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

April 8, 2004 PACER
9

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Victor Sandoval served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to Accept Service of Process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

April 8, 2004 PACER
8

PROOF OF SERVICE Executed filed plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Lou Torres served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to Accept Service of Process. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

April 8, 2004 PACER
7

PROOF OF SERVICE Executed filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera, upon defendant Robert L Gin served on 3/11/2004, answer due 3/31/2004. The Summons and Complaint were served by Substituted service and by mail on 3/11/2004, by Federal statute, upon Vicky Yum, Risk Management Department, Authorized to Accep Service of proces. Due Dilligence declaration attached. Original Summons not returned. (jp, ) (Entered: 04/12/2004)

April 8, 2004 PACER
19

NOTICE of Interested Parties filed by Defendant Alhambra City of. (jp, ) (Entered: 04/22/2004)

April 21, 2004 PACER
18

ANSWER to Complaint - (Discovery) 1 filed by defendant Alhambra City of.(jp, ) (Entered: 04/22/2004)

April 21, 2004 PACER
17

NOTICE of Stipulation of extension of time to respond or otherwise answer complaint filed by defendant Alhambra City of. (jp, ) (Entered: 04/22/2004)

April 21, 2004 PACER
20

JOINT REPORT OF EARLY MEETING OF COUNSEL regarding Rule 26(f) Discovery Plan filed; estimated length of trial by parties 15 days. (esa, ) (Entered: 05/06/2004)

May 3, 2004 PACER
22

ORDER FOR COURT TRIAL by Judge Dickran Tevrizian that the Establishing a Discovery cut-off 1/28/2005. Setting the Final Pretrial Conference and Court Trial for 5/2/2005 01:30 PM. Re: Preparation for Court Trial: Findings of Fact and Exhibits. All motions to join other parties or to amend the pleadings shall be filed and served within Sixty (60) days of the date of this Order and noticed for hearing within Ninety (90). Motions for summary judgment or partial summary judgment may be filed later than fifteen (15) days after the discovery cut-off date. All depositions shall be scheduled at least five (5) working days prior to the discovery cutoff date. All requests for production, admissions, etc., shall be served at least forty-five (45) days prior to the discovery cutoff date (see document for further details).(jp, ) (Entered: 06/08/2004)

June 1, 2004 PACER
21

MINUTES before Judge Dickran Tevrizian: SCHEDULING CONFERENCE is held. The Court sets the following dates: Discovery cut-off 1/28/2005. Motion for class certification 8/30/2004 10:00 AM. Pretrial Conference and Court Trial setting (Estimate 10 days) set for 5/2/2005 01:30 PM. Counsel given copy of Court scheduling conference order regarding court trials. Counsel are adivsed of Local Rule 16-14. Court Reporter: Lori Muraoka. (jp, ) (Entered: 06/08/2004)

June 1, 2004 PACER
23

STIPULATION AND ORDER that the schedule for plaintiffs motion for class certification be revised: Last day for plaintiffs to file and personally serve notice of motion 9/13/04; last day for defendants to file and personally serve opposition 9/20/04; Last day for plaintiffs to file and personally serve reply 9/27/04; Hearing on motion 10/4/04 by Judge Dickran Tevrizian :(pj, ) (Entered: 07/28/2004)

July 19, 2004 PACER
39

PROOF OF SERVICE filed by plaintiffs. The following documents along with other documents were served on 9/13/04: Plaintiffs Notice of Motion and Motion for Class Certification 24 ; Memorandum of Points and Authorities in support of motion 25 ; Declaration of Claudia Center in support of Motion for Class Certification 26 . See documents for further details.(nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
38

DECLARATION of Jennifer Cerros in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
37

DECLARATION of Christopher Grempel in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
36

DECLARATION of Catherine Grempel in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
35

DECLARATION of Valerie Herrera in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
34

DECLARATION of Tina Grempel in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
33

DECLARATION of Tom O'Dell in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
32

DECLARATION of Lauren Cruz in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
31

DECLARATION of Patricia A Shiu in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
30

DECLARATION of Nancy Solomon in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
29

DECLARATION of Vicky L. Barker in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
28

DECLARATION of Elizabeth Kristen in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
27

DECLARATION of Virginia Molina in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
26

DECLARATION of Claudia Center in support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
25

MEMORANDUM of Points and Authorities in Support of Motion for Class Certification 24 filed by plaintiffs. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
24

NOTICE OF MOTION AND MOTION for Class Certification filed by plaintiffs. Motion set for hearing on 10/4/2004 at 10:00 AM before Honorable Dickran Tevrizian. Lodged Proposed Order. (nhac, ) (Entered: 09/17/2004)

Sept. 13, 2004 PACER
44

OPPOSITION to plaintiffs MOTION for Class Certification 24 ; JOINDER to Alhambra School District et al. Opposition to Motion for Class Certification filed by defendant Alhambra City of. (jp, ) (Entered: 09/22/2004)

Sept. 20, 2004 PACER
43

OBJECTIONS to Declarations of plaintiff in support of MOTION for Class Certification 24 filed by defendants Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jp, ) (Entered: 09/22/2004)

Sept. 20, 2004 PACER
42

DECLARATION of GARY ROBERT GIBEAUT in support of defendant Opposition to plaintiff MOTION for Class Certification 24 filed by defendants Alhambra School District, Ruth E Castro, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jp, ) (Entered: 09/22/2004)

Sept. 20, 2004 PACER
41

DECLARATION of NANCY MAHAN-LAMB in support of defendants Opposition to plaintiff MOTION for Class Certification 24 filed by defendant Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jp, ) (Entered: 09/22/2004)

Sept. 20, 2004 PACER
40

OPPOSITION to MOTION for Class Certification 24 filed by defendants Alhambra School District, Ruth E Castro, Robert L Gin, Russell Lee-Sung, Barbara A Messina, John H Nunez, Victor Sandoval, Lou Torres, William A Vallejos. (jp, ) (Entered: 09/22/2004)

Sept. 20, 2004 PACER
50

PROOF OF SERVICE filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera re 47 Declaration of CLAUDIA CENTER in support of Reply to defendants untimely submission opposing Class Certification, 48 Declaration of PATRICIA A. SHIU in support of plaintiffs Reply to defendants untimely submissions opposing Class Certification, 49 Declaration of NANCY SOLOMON in support of plaintiffs Reply to defendants untimely submissions opposing Class Certification, 45 REPLY to defendants untimely submission Opposition for Class Certification, 46 Response to defendant Untimely Objection to Declaration of Plaintiffs in support of MOTION for Class Certification, was served on 9/27/2004. (jp, ) (Entered: 09/28/2004)

Sept. 27, 2004 PACER
49

DECLARATION of NANCY SOLOMON in support of plaintiffs Reply to defendants untimely submissions opposing Class Certification 24 filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera. (jp, ) (Entered: 09/28/2004)

Sept. 27, 2004 PACER
48

DECLARATION of PATRICIA A. SHIU in support of plaintiffs Reply to defendants untimely submissions opposing Class Certification 24 filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera. (jp, ) (Entered: 09/28/2004)

Sept. 27, 2004 PACER
47

DECLARATION of CLAUDIA CENTER in support of Reply to defendants untimely submission opposing Class Certification 24 filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera. (jp, ) (Entered: 09/28/2004)

Sept. 27, 2004 PACER
46

RESPONSE to defendant Untimely Objection to Declaration of Plaintiffs in support of MOTION for Class Certification 24 filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera. (jp, ) (Entered: 09/28/2004)

Sept. 27, 2004 PACER
45

REPLY to defendants untimely submission Opposition for Class Certification 24 filed by plaintiffs Jennifer N Cerros, Lauren M Cruz, Catherine Grempel, Valerie Herrera. (jp, ) (Entered: 09/28/2004)

Sept. 27, 2004 PACER
52

MINUTES: Plaintiff's motion for class certification. Hearing held on the above-referenced matter. The court orders the motion, granted. Judge Dickran Tevrizian :Court Reporter: Lori Muraoka. (bp, ) (Entered: 10/06/2004)

Oct. 4, 2004 PACER
51

ORDER: This court hereby grants plaintiffs' motion for class certification for prospective injunctive relief. The court certifies the plaintiff class as all present and future Alhambra High School female students and potential students who participate, seek to participate, and/or are deterred from participating in athletics at AHS. Judge Dickran Tevrizian 24 (bp, ) (Entered: 10/06/2004)

Oct. 4, 2004 PACER
53

PROOF OF SERVICE filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera stipulation and proposed order for extension of time was served on 12/17/2004. (pj, ) (Entered: 12/22/2004)

Dec. 20, 2004 PACER
54

JOINT STIPULATION AND ORDER REGARDING EXTENSION OF TIME FOR CLOSE OF DISCOVERY by Judge Dickran Tevrizian that the Court hereby extends the Discovery Cutoff date to 5/15/2005, and the Pretrial Conference date to 9/19/2005 at 01:30 PM. (jp, ) (Entered: 12/22/2004)

Dec. 21, 2004 PACER
55

NOTICE of Association of Counsel associating attorney Elizabeth R Feffer on behalf of Defendant Alhambra City of. Filed by defendant City of Alhambra (bp, ) (Entered: 01/04/2005)

Dec. 27, 2004 PACER
56

STIPULATION AND ORDER that formal discovery in this matter is hereby stayed until 3/19/05. The court hereby extends the discovery cut off date to 11/15/05, and the pre-trial and trial setting conference date to 3/20/06 by Judge Dickran Tevrizian.(bp, ) (Entered: 02/15/2005)

Feb. 11, 2005 PACER
60

PROOF OF SERVICE filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera re MOTION for Leave to File Amended Complaint 57, Memorandum in Support of MOTION for Leave to File Amended Complaint 58, Declaration of CLAUDIA CENTER in support of MOTION for Leave to File Amended Complaint 59, was served on 2/15/2005. (jp, ) (Entered: 02/18/2005)

Feb. 16, 2005 PACER
59

DECLARATION of CLAUDIA CENTER in support of MOTION for Leave to File Amended Complaint 57 filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera. (jp, ) (Entered: 02/18/2005)

Feb. 16, 2005 PACER
58

MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION for Leave to File Amended Complaint 57 filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera. (jp, ) (Entered: 02/18/2005)

Feb. 16, 2005 PACER
57

NOTICE OF MOTION AND MOTION for Leave to File Amended Complaint pursuant to FRCP 15(a) filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera. Motion set for hearing on 3/14/2005 at 10:00 AM before Honorable Dickran Tevrizian. Lodged Proposed Order and Amended Complaint. (jp, ) (Entered: 02/18/2005)

Feb. 16, 2005 PACER
61

NOTICE OF NON-OPPOSITION to MOTION for Leave to File 57 filed by defendants' Alhambra School District, Russell Lee-Sung, Victor Sandoval, Lou Torres, William A Vallejos. (bp, ) (Entered: 02/25/2005)

Feb. 24, 2005 PACER
62

OPPOSITION to MOTION for Leave to File 57 filed by defendant Alhambra City of. (bp, ) (Entered: 03/01/2005)

Feb. 28, 2005 PACER
66

PROOF OF SERVICE filed by plaintiffs' Lauren M Cruz. re Reply (Motion related) 63, Declaration (Motion related) 64, Declaration (Motion related) 65, was served on 3/4/05. (bp, ) (Entered: 03/09/2005)

March 7, 2005 PACER
65

DECLARATION of Elizabeth Kristen in support of motion for Leave to File 57 filed by plaintiff Lauren M Cruz. (bp, ) (Entered: 03/09/2005)

March 7, 2005 PACER
64

DECLARATION of Claudia Center in support of MOTION for Leave to File 57 filed by plaintiff Lauren M Cruz. (bp, ) (Entered: 03/09/2005)

March 7, 2005 PACER
63

REPLY to defendant opposition to MOTION for Leave to File 57 filed by plaintiffs' Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Valerie Herrera. (bp, ) (Entered: 03/09/2005)

March 7, 2005 PACER
67

STIPULATION AND ORDER that the hearing on plaintffs' motion for leave to amend the complaint is hereby set for 4/4/05 at 10:00 a.m. by Judge Dickran Tevrizian.(bp, ) (Entered: 03/15/2005)

March 10, 2005 PACER
68

DECLARATION of Claudia Center in support of MOTION for Leave to File 57 filed by plaintiff Lauren M Cruz. (bp, ) (Entered: 04/04/2005)

April 1, 2005 PACER
72

FIRST AMENDED COMPLAINT against defendants Alhambra School District, Alhambra City of, Russell Lee-Sung, Victor Sandoval, Lou Torres, William A Vallejos, John H Nunez, Robert L Gin, Ruth E Castro, Barbara A Messina amending Complaint - (Discovery) 1, filed by plaintiffs Jennifer N Cerros, Catherine Grempel, Lauren M Cruz, Robert L Gin, Valerie Herrera. (jp, ) (Entered: 04/08/2005)

April 4, 2005 PACER
71

ORDER by Judge Dickran Tevrizian Granting Plaintiffs Motion for Leave to File Amended Complaint 70 . FURTHER ORDERED that Plaintiffs Proposed First Amended Complaint be filed with the clerk of this Court. (jp, ) (Entered: 04/08/2005)

April 4, 2005 PACER
70

ORDER by Judge Dickran Tevrizian granting 57 Motion for Leave to File Amended Complaint. The Proposed First Amended Complaint previously lodged with this Court on February 16, 2005 is deemed filed and served as to all appearing parties as of the date of this Order. (jp, ) (Entered: 04/08/2005)

April 4, 2005 PACER
69

MINUTES before Judge Dickran Tevrizian: MOTION for Leave to File Amended Complaint 57 is Granted. Defendants are ordered to file their response to the First Amended Complaint within 20 days from the date of this Order. Court Reporter: Lori Muraoka. (jp, ) (Entered: 04/08/2005)

April 4, 2005 PACER
73

ANSWER to First Amended Complaint, 72 filed by defendant Alhambra City of.(bp, ) (Entered: 06/01/2005)

June 1, 2005 PACER
74

STIPULATION to Continue discovery cutoff date and pre-trial conference filed by defendants' Alhambra City of, Russell Lee-Sung, Victor Sandoval, Lou Torres, William A Vallejos, John H Nunez, Robert L Gin, Ruth E Castro, Barbara A Messina. (bp, ) (Entered: 09/06/2005)

Sept. 1, 2005 PACER
76

NOTICE of change of firma address as follows: Burke, Wiliams & Sorensen, LLP, 444 South Flower Street, Suite 2400, Los Angeles, CA 90071-2953 filed by defendant Alhambra City of. (bp, ) (Entered: 09/13/2005)

Sept. 7, 2005 PACER
75

ORDER that the discovery cutoff date of 11/15/05 is continued to 1/16/05 by Judge Dickran Tevrizian.(bp, ) (Entered: 09/08/2005)

Sept. 7, 2005 PACER
79

EXHIBITS AND DECLARATION IN SUPPORT OF MOTION for Summary Judgment MOTION for Summary Adjudication MOTION for Summary Adjudication 78 filed by defendant Alhambra City of. (bp, ) (Entered: 09/26/2005)

Sept. 16, 2005 PACER
78

NOTICE OF MOTION AND MOTION for Summary Judgment, or, in the alternative for Summary Adjudication filed by defendant Alhambra City of. Motion set for hearing on 10/11/2005 at 10:00 AM before Honorable Dickran Tevrizian. Lodged proposed statement, order and judgment. (bp, ) (Entered: 09/26/2005)

Sept. 16, 2005 PACER
77

STIPULATION AND ORDER that the discovery cutoff date of 11/15/05, shall be continued to 1/10/06 by Judge Dickran Tevrizian.(bp, ) (Entered: 09/22/2005)

Sept. 21, 2005 PACER
80

STIPULATION AND ORDER by Judge Dickran Tevrizian that the hearing on defendant City of Alhambra MOTION for Summary Judgment 78 is CONTINUED to 11/7/2005 at 10:00 AM. The last day for parties to submit Opposition papers to the City of Alhambra Motion for Summary Judgment is 10/24/2005. The last day for defendant City of Alhambra to submit Reply papers in response to any Opposition to the Summary Judgment is 10/31/2005. (jp, ) (Entered: 10/03/2005)

Sept. 23, 2005 PACER
81

MINUTES: Settlement Conference. Case does not settle. In process of settling. Motion for summary judgment (filed 9/16/05) taken off calendar. No appearance necessary on 11/7/05. Judge Dickran Tevrizian :Court Reporter: None present. (bp, ) (Entered: 10/11/2005)

Oct. 6, 2005 PACER
82

JOINT STIPULATION to Continue the date for submitted the final joint settlement agreement and consent decree filed by defendants Alhambra School District, Russell Lee-Sung, Victor Sandoval, Lou Torres, William A Vallejos, John H Nunez, Robert L Gin, Ruth E Castro, Barbara A Messina. Lodged proposed order. (pj, ) (Entered: 10/17/2005)

Oct. 13, 2005 PACER
83

ORDER by Judge Dickran Tevrizian Granting Stipulation to Continue the date for submitting the final draft of the joint settlement agreement and consent decree is continued to 10/28/05 82 . (ca, ) (Entered: 10/20/2005)

Oct. 14, 2005 PACER
84

NOTICE of Filing Final "Draft" Joint Settlement Agreement and Consent Decree filed by defendants Alhambra School District, Alhambra City of. (jp, ) (Entered: 10/31/2005)

Oct. 28, 2005 PACER
85

MINUTES OF Settlement Conference held before Judge Dickran Tevrizian : Case does not settle.Court Reporter: None present. (bp, ) (Entered: 11/02/2005)

Oct. 31, 2005 PACER
88

[PROPOSED] NOTICE of settlement agreement filed by defendant Alhambra City of. (bp, ) (Entered: 11/15/2005)

Nov. 7, 2005 PACER
87

NOTICE of filing proposed settlement agreement between plaintiffs and defendant City of Alhambra filed by defendant Alhambra City of. (bp, ) (Entered: 11/15/2005)

Nov. 7, 2005 PACER
86

NOTICE of filing the second final draft joint settlement agreement and consent decree filed by defendants' Alhambra School District. (bp, ) (Entered: 11/09/2005)

Nov. 7, 2005 PACER
90

MINUTES: Settlement Conference. Case settles held before Judge Dickran Tevrizian :Court Reporter: None present. (bp, ) (Entered: 11/15/2005)

Nov. 8, 2005 PACER
89

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dickran Tevrizian ORDERING notice of filing proposed settlement agreement submitted by Defendant Alhambra City of received on 11/7/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bp, ) (Entered: 11/15/2005)

Nov. 9, 2005 PACER
92

MINUTES: Telephonic Settlement Conference. Case settles. Court sets further settlement conference on 11/29/05 at 4:15 p.m. Judge Dickran Tevrizian.Court Reporter: None present. (bp, ) (Entered: 12/01/2005)

Nov. 22, 2005 PACER
91

NOTICE of filing draft joint resolution agreement and order for continuing court supervision filed by defendants' Alhambra School District. (bp, ) (Entered: 11/29/2005)

Nov. 22, 2005 PACER
93

MINUTES:Settlement Conference held before Judge Dickran Tevrizian : Case settles. All parties are drafting settlement agreement.Court Reporter: None present. (bp, ) (Entered: 12/01/2005)

Nov. 29, 2005 PACER

State / Territory: California

Case Type(s):

Education

Key Dates

Filing Date: March 4, 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents, as next friends of their minor daughters, individually and on behalf of all those similarly situated.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Alhambra Unified School District (Alhambra, CA, Los Angeles), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Remedial education

Monitoring

Implement complaint/dispute resolution process

Issues

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run